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(영문) 부산지방법원 2020.11.06 2020고단3847
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2006, the defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's Dong Branch Branch of the Busan District Court on May 23, 2014, the summary order of KRW 1 million as a fine for the same crime at the Busan District Court on May 23, 2014, and on June 13, 2014, the Busan District Court issued a summary order of KRW 9 million as a fine for the same crime.

On August 28, 2020, at around 23:15, the Defendant driven a DNA car with a blood alcohol concentration of about 0.138% from the front hole of the Busan B building to the frontway of the C building.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver and investigation report (involving the suspect's results of the crackdown on drinking driving);

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A) and application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) of the Criminal Act, based on a comprehensive consideration of the following factors: probation, community service order, and order to attend a lecture, even though the defendant had been punished for the same crime several times, the defendant committed the crime in this case again; the defendant's blood alcohol concentration; the defendant's age, character and conduct, environment, details of the crime, circumstances after the crime, etc., shall be determined as ordered.

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